A/HRC/25/60/Add.2
detention in secret places can facilitate the perpetration of torture and other cruel, inhuman
or degrading treatment or punishment and can in themselves constitute a form of such
treatment,” and “urges all States to respect the safeguards concerning the liberty, security
and the dignity of the person and to ensure that secret places of detention and interrogation
are abolished.” The Special Rapporteur reminds the government of Iraq of article 15 of the
CAT and paragraph 7c of Human Rights Council Resolution 16/23, which provide that any
statement extracted through torture shall not be invoked as evidence in any proceedings,
except against a person accused of torture as evidence that the statement was made. The
Special Rapporteur calls on the Government to undertake a prompt and independent
investigation of the alleged torture and ill-treatment of Mr Shawki Ahmad Sharif Omar,
leading to prosecution and punishment of the perpetrators and to provide full redress to the
victim.
(b)
UA 11/09/2013 Case No. IRQ 4/2013 State Reply: 11/11/2013 Alleged violent attack
against the residents of Camp Ashraf.
75.
The Special Rapporteur thanks the Government of Iraq for its reply dated 11
November 2013, to an urgent appeal regarding reports of an attack on the residents of
Camp Ashraf. According to the information received, on 1 September 2013, the residents
of the Camp Ashraf were subjected to a violent attack. While the facts were still being
established, there were allegations that the attack might have been perpetrated by the Iraqi
security forces. Reportedly, 52 individuals were killed during the attack and others were
injured. It is alleged that the persons killed did not manifest any signs of aggression. In
addition, seven residents of the camp, namely Ms. Mahnaz Azizi, Ms. Vajihe Karbalaey,
Ms. Fatehma Sakhie, Ms. Fatemeh Tahoori, Ms. Lila Nabahat, Ms. Zahra Ramezany, and
Mr. Mohammad Ratebi, were reportedly abducted during the attack. It is alleged that they
were held by the Iraqi security forces and at the time of the allegation, were at risk of
imminent extradition to the Islamic Republic of Iran. Forty-two residents who remained in
Camp Ashraf were allegedly threatened with a new attack. In light of these allegations, the
Special Rapporteur stressed the Government’s obligation under Article 3 and 6(1) of the
Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil
and Political Rights (ICCPR) ratified by Iraq on 25 January 1971. These provisions
guarantee the right of every individual to life and security and provide that these rights shall
be protected by law and that no one shall be arbitrarily deprived of his life. Additionally,
the Special Rapporteur noted principle 9 of the Principles on the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions, (resolution 1989/65
Economic and Social Council) which underlines that “there shall be thorough, prompt and
impartial investigation of all suspected cases of extra-legal, arbitrary and summary
executions, including cases where complaints by relatives or other reliable reports suggest
unnatural death in the above circumstances (…)” Lastly, the allegation that those abducted
were at risk of return to the Islamic Republic of Iran elicits concern that the Government
could be at risk of violating its obligations of non-refoulement as expressed in paragraph 16
of Resolution A/RES/65/205 of the UN General Assembly, which urges States “not to
expel, return (“refouler”), extradite or in any other way transfer a person to another State
where there are substantial grounds for believing that the person would be in danger of
being subjected to torture, and recognizes that diplomatic assurances, where used, do not
release States from their obligations under international human rights, humanitarian and
refugee law, in particular the principle of non-refoulement.” The Special Rapporteur
acknowledges the Government’s substantive response to these allegations in which they
detailed the temporary nature of Camp Ashraf and the need to move the residents to another
camp. The Government alleged that camp residents were uncooperative and hostile to
security forces ostensibly sent there to protect them. While there is evidence of violent
conflict, the Special Rapporteur welcomes ongoing investigations conducted by UNAMI,
the judiciary, and the Iraqi Interior Ministry to determine what transpired. It is urged that
54
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